Commonwealth Numbered Acts

RAILWAYS (TASMANIA) ACT 1975 No. 70, 1975 - SECT 9

9. (1) A proceeding shall not be instituted during the interim period by or
against the Australian Commission in respect of land or other property that
vests in the Australian Commission by this Act if, by virtue of a law of
Tasmania, the proceeding may be instituted by or against Tasmania or the
Tasmanian Commission but, if any proceeding instituted before or during the
interim period by or against Tasmania or the Tasmanian Commission in respect
of such land or other property is not completed before the declared date, the
court in which the proceeding was or is instituted shall, on or after that
date, substitute the Australian Commission for Tasmania or the Tasmanian
Commission as the plaintiff or defendant, as the case may be, in the
proceeding.

(2) Where a proceeding in respect of a liability or obligation to which the
Australian Commission is made subject by this Act was or is instituted against
the Tasmanian Commission before or during the interim period but was not or is
not completed before the declared date, the court in which the proceeding was
or is instituted shall, on or after that date, substitute the Australian
Commission for the Tasmanian Commission as the defendant in the proceeding.

(3) In this section, a reference to the plaintiff or the defendant in relation
to a proceeding by way of a cross-proceeding is a reference to the plaintiff
or the defendant, as the case may be, in the cross- proceeding.